US air force avoids PFAS water cleanup, citing supreme court’s Chevron ruling

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US air force avoids PFAS water cleanup, citing supreme court’s Chevron ruling
theguardian.com

EPA says Tucson’s drinking water is contaminated but air force claims agency lacks authority to order cleanup

The US air force is refusing to comply with an order to clean drinking water it polluted in Tucson, Arizona, claiming federal regulators lack authority after the conservative-dominated US supreme court overturned the “Chevron doctrine”. Air force bases contaminated the water with toxic PFAS “forever chemicals” and other dangerous compounds.

Though former US Environmental Protection Agency (EPA) officials and legal experts who reviewed the air force’s claim say the Chevron doctrine ruling probably would not apply to the order, the military’s claim that it would represents an early indication of how polluters will wield the controversial court decision to evade responsibility.

It appears the air force is essentially attempting to expand the scope of the court’s ruling to thwart regulatory orders not covered by the decision, said Deborah Ann Sivas, director of the Stanford University Environmental Law Clinic.

“It’s very odd,” she added. “It feels almost like an intimidation tactic, but it will be interesting to see if others take this approach and it bleeds over.”

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The AF also contaminated the groundwater in a large residential area just west of Spokane, WA adjacent to the Fairchild AF base. Until recently they seemed to be accepting at least partial responsibility but I wonder if that's now going to come to an end. It's not generally a wealthy area, lots of apartments and discount stores and has what I think of as a "military town" vibe. Apparently residents are largely dependent on PFAS-loaded well water and if the AF tells them to FO and be happy they've got anything to drink, they're screwed unless some other entity with deep pockets will come in and clean up. https://ecology.wa.gov/about-us/who-we-are/news/2024-news-stories/feb-21-west-plains-sampling-for-pfas

It's literally every AF base, probably every military base. Everybody learns it day 1 through word of mouth when they arrive.

I live near an airport that's primarily civilian, but doubles as an AF base. What do you know, our local well is contaminated. City shut it down and is supposed to be installing new filters soon to bring it back online.